[0:00] Okay, I'd like to welcome everybody to the uh September 3rd meeting of the town [0:03] board of the town of Southeast. If we could rise for the pledge of allegiance. [0:07] I pledge allegiance to the flag of the United States of America and to the [0:12] republic for which it stands, one nation under God, indivisible, with liberty and [0:17] justice for all. [0:21] » Thank you. If I can remind everybody of the exits, there's two exits in the back [0:24] of the room and one exit up here to the left of of uh of us. Um, and with that, [0:30] if everybody could either uh turn off their cell phones or come on vibrate, [0:34] that would be great. And I ask the clerk for roll call. [0:38] » Yes. >> Councilman Cypress [0:41] » here. >> Councilman Larka [0:42] » here. >> Councilwoman Lewis [0:44] » here. Councilman Mazada >> here. [0:47] » Supervisor Castellano >> present. Thank you. [0:49] » Thank you. >> I'll make a motion to come out of [0:51] executive session. No action was taken. >> Second. [0:54] » Thank you. All in favor? >> I. Going on to our work session. We have [0:59] a discussion tonight agricultural districts and I'm turn it over to [1:02] Councilman Marca. >> Yeah. Um is Cassandra is that would you [1:07] mind coming up or do you want me to just go through a few things? Um so uh thank [1:12] you for coming. Um we've had this on the agenda a lot. There's been a lot of back [1:16] and forth uh between us and the a board and the county. Um the concerns all [1:22] started we we get complaints about some of the properties in the a district and [1:27] um we were under the impression that we couldn't do anything with those [1:30] complaints. Um and we really don't have a a say in the approval and then we kind [1:36] of found out that we could do that. Um our our ask was that neighboring [1:41] properties be notified if an if a property owner made an application to [1:45] the egg district. So at least they would be aware that um that property may get [1:50] some protections. And throughout the back and forth it seemed like there [1:54] really aren't any protections. However, they do have an escalation process as [2:00] being part of the egg board where they can um uh get uh the state to determine [2:05] that one of our codes is unreasonable, which would help them. Um in terms of [2:11] the public notice process, it it I still don't can't wrap my head around that [2:16] answer, but what we uh it sounded like the county didn't want to do it. The a [2:20] board doesn't have to do it, but we sent notification to those neighboring [2:24] properties just as a heads up. um a little bit later than I would have liked [2:27] to have done that. Um so I'm I'm really glad you came. There's a few questions [2:34] uh because there is some confusion that I'd like to ask. Um and so I'll just [2:39] start with the first one. So can you tell us a little bit about the a [2:42] district a board soil water uh board and what you guys do? And [2:47] » that is perfect. So I was about to say well I'm done here. You've answered [2:50] everything for everybody and [laughter] I'm going to go home. Um, so it's really [2:55] also I have to say I'm used to legislature meetings where executive [2:58] session is never in the beginning and always forever and uh anything soil and [3:02] water and a is always last. So thank you. Um not that that [3:06] [clears throat and snorts] was done intentionally but it is much [3:07] appreciated. >> Always intentional [3:09] » super thankful for that. Um but uh yeah and so again to the concerns that you've [3:14] had and I think that's the broader thing. Um you know we discussed there's [3:17] been lots of emails and I I think the town board was copied on them so whether [3:21] you read through all of them it was a lot. Um, and I think the basis of it is [3:25] there's always been a misconception um, you know, from municipalities and from [3:30] land owners that like once you're an a district, you can do anything you want [3:33] to. Um, and and that would be terrible because you guys have to deal with not [3:36] only complaints about, you know, agricultural properties, but you got to [3:39] deal complaints about everything, right? And so to hear, oh, we can't do anything [3:44] about that. That obviously is not something that, you know, a town would [3:46] want to hear because how do you tell your residents? Um, so that is a good [3:51] point to clear up that you do have the authority like the a district program. [3:55] So I guess I'll start with that. The a district program is supposed to create a [3:58] mediation in between. So there's state agriculture protections for agricultural [4:02] practices. That doesn't mean if you're a farm, you can do anything you want to. [4:06] It is a case-byase review. If you're in the a district, a municipality can reach [4:11] out for a specific practice. Say somebody comes to you and complains and [4:15] says, "I don't like this." you or the land owner or both could reach out. It's [4:20] called a 305A review for the exact practice on that exact farm for that [4:23] exact instance and then the agon markets would guide you and say reasonable [4:27] unreasonable and they give you an idea of like okay you want to do this does it [4:30] impact public health and safety that is the big thing where if it impacts public [4:34] health and safety no farm wins right that is across the board if it's in [4:39] instances of certain fees certain regulations certain things like that the [4:43] state may say no they may say work with them they may say different things but [4:47] that's something that the state has statuto criteria of what is permissible [4:51] for a versus regular properties keeping in mind there's a state constitutional [4:55] right to farm and they kept that in mind knowing there would be development [4:58] pressures over the years which there were um so it's not something that a lot [5:02] of people think you get in and you can do anything you want to you still and I [5:06] cannot say this enough I've said it everywhere they quoted in a paper [5:08] finally it took years all farms must follow all local laws all the time now [5:14] the caveat to that is if you have overburdensome laws on your books that [5:18] are in controvention to the state statute. That's where Agon markets would [5:21] come in and say, "Hey, maybe you should relook at this. Is there a way that you [5:24] can come to an agreement?" >> And Agon Markets is the state [5:29] organization, not your board, right? >> No. So the state, Agon Markets, right? [5:33] They're the ones that are the decision makers, the mediators, if there are [5:37] concerns. Um, anybody whether they're in the act district or not, like a town can [5:41] solicit an opinion from Agon Markets on anything. You can email them, you can [5:45] call them, they'll ask you. They have counsel. They have a number of people in [5:48] their staffs. They can answer any question. If you want a formal opinion, [5:51] anybody can do that. Any member of the public, any land owner, anybody. If [5:55] you're in the A district, that's when you can solicit a 305A review, which is [5:59] on a specific agricultural practice at a specific farm, and they go case by case. [6:04] They talk to the town, they talk to the landowner, and they work with you [6:07] through there. So, that's only if you're in the A district. The A district [6:11] technically is a state program, but it is administered locally by the counties. [6:15] And the reason they did that was counties can opt in or choose not to opt [6:19] in. Putnham County back [clears throat] in 1997 chose to I'm sorry, 2003 chose [6:23] to opt in. Now, since 2003, I think from 2003 to probably 2015, everything was [6:29] cool. Everybody was fine. There wasn't any problems. Um and I think a part of [6:33] it is we get to so [clears throat] the county is who administers the a district [6:38] program includes parcels or removes parcels at the county level that keeps [6:42] the component of home rule without it being town by town right um but to that [6:47] end you have a farmland protection board so that is the um it's the a and [6:52] farmland protection board that was established before the districts in 1997 [6:57] that is an advisory board we can tell the legislature all we want to they [7:00] don't have to Um so that is something where you saw [7:03] the farm protection plan the last time that was done was 2004 long time ago [7:08] hasn't been updated. Um problem with that is as an advisory board to the [7:12] legislature we have no the a board has no authority. Um I buy my role in soil [7:17] and water which I'll get to in a second. I have an ex official seat on the a [7:21] board. So there is uh soil and water there is the tax commissioner rail [7:25] property and tax there is the planning commissioner for the county a [7:28] representative from Cornell and then it is six uh practical farmers there's [7:32] different breakdown of those that doesn't matter I won't bore you with [7:35] that but it's to give you a basis of land use for planning for tax for you [7:40] know different government seats there's also a legislative representative to [7:43] that board as well and that depends the legislature appoints all of those people [7:47] and that's what guides them in what do we do how do we you know do educational [7:52] programs. So there is in the farmland protection plan from 2004 the a board [7:57] was tasked with doing that. What I will say is that uh try to happen a few times [8:02] in the last few years and people were removed from the board. Um and that's [8:06] just the way it went. So a lot of people just stopped answering emails because [8:09] why would you answer an email and you could get thrown off a volunteer board. [8:12] Enter soil and water. Um so water conservation district was established in [8:17] 1966 in Putham County. We were the second to last uh county to get in. But [8:22] we are an independent municipality. Where that veered is in 1993. Um it [8:28] ended up getting absorbed into county government which meant that the soil and [8:31] water district could no longer be independent for conservation and its own [8:35] independent voice. Our only role is soil and water conservation. That's it. We're [8:41] not any county policy. We do not speak on behalf of the county. We speak on [8:44] behalf of the science and the conservation. That's why I'm here. I [8:49] can't be thrown off the board. I can't be thrown off the board. It is very [8:52] specific in soil and water law. It is I'm appointed by the legislature as our [8:55] other board members are. There is a farm bureau representative. There is a [8:59] graange representative, a uh standard land owner at large and two legislators. [9:05] And then we are supposed to take on conservation programs and education [9:09] outreach. We do have a grant program that you guys are all going to get [9:12] emailed and I hope you talk about it. Um, we'll probably send somebody else [9:14] from our board next month uh to [snorts] go over that because it's about $180,000 [9:19] in grants for not only municipalities but lakes a and [snorts] uh conservation [9:24] education assistance. So that's that's a big chunk for the local community. Um we [9:28] were never able to do that because we were part of the county. We couldn't [9:30] educate anybody and alleviate any of the concerns because we were part of the [9:33] county. Um so that is the role in it and the way the act district process for [9:38] inclusion works is it is a set time frame. the process is established by the [9:43] state. So, I know there was conversation back and forth of we don't have enough [9:47] time and and you know, how do we notify people? It's the same time every year. [9:52] April 1st to April 30th is the date where people um can submit their [9:56] applications to the ACT board. So, at that point, you wouldn't really know [9:59] what's happening. You don't know who's applying. Then the month of May, if you [10:02] ever wanted to watch the A board meetings, you can certainly do that. You [10:06] can come to the Aboard meetings. You'll know who is being taken in. That is when [10:09] the A board goes out and does site visits. Um the A district can be an open [10:14] vacant parcel that just aids in the viability of agriculture and open space. [10:18] Putnham County has chosen it must be a farm. I don't love that, but I don't [10:23] fight it. You know, if it's a farm, then obviously that fits in the a district as [10:27] as narrowly as Putnham County wants to define it. So [10:31] with that, you have April 1 to April 30. You have May one to the end of May and [10:35] then June it typically goes to physical services which is the legislative [10:39] committee. Once it comes out of there it goes to the full [10:42] » uh uh sorry if I can I interrupt you along the way cuz I have a bunch of [10:46] questions for the timeline. Um when does the town I think we got a little bit [10:51] late this year? >> Not really. Um and that's the other [10:54] thing. So technically under the state law there's no requirement to do that [10:58] besides the public hearing. The public hearing is supposed to from, you know, [11:02] the state's perspective be the time where everybody finds out. It goes in [11:05] the local paper. It goes on the legislative website. That is the mandate [11:09] for the notification. >> And that public hearing is the same [11:13] night they voted. >> Yes. [11:15] » Yeah. I mean, well, that I, >> you know, but that is the way the [11:18] statutory process is laid out. So, what Putham County has done is reached out [11:22] prior and said, "Hey, this is an FYI of who's applying." Now, that has become a [11:26] problem in the past because you have certain [snorts] things where it's a [11:29] little bit unfair where if you say you're just going to do something at [11:33] your house versus you're going to apply to the A district, somebody's now [11:36] snooping through all of your stuff. Now, it's not to say you can't enforce those [11:38] things all year round. But if in the month of April a properties get a bunch [11:42] of violations, that seems a little unfair and that could put, you know, a [11:45] town in jeopardy of well, why did you do this to me versus somebody else? So, [11:49] there has been a concern on that. Now, they do notify the towns and just say, [11:52] "Hey, this is what's going on." At that point, you talked to a markets council. [11:57] They said, "You're free to do whatever you wish. You can notify, you can choose [12:00] not to notify. It's up to the county >> for the for the town notification." [12:05] Uh, I thought I thought, and maybe it's the county or I'm not sure what was [12:09] required, but I thought we were supposed to get around the beginning of May, but [12:12] we didn't get it till the middle of May. And maybe that's not true, but when [12:15] should we expect to get the notification? That's not even required. [12:19] » But it it's not required, but it's >> but PM County has chosen to do that. So [12:24] traditionally >> to do it. So when [12:26] » the reason why is because the applications can come in up until the [12:30] last day of April, right? So I think this year everybody got it May 8th. [12:35] » So >> I don't send those notifications. That [12:36] is commissioner planning. >> Okay. So, we as a town, [snorts] and I I [12:40] hear what you're saying that it's not, you know, required by law, but we as a [12:44] town should expect to get a notification of applications sometime the beginning [12:48] of May. >> I don't even want to confidently say [12:50] that because I don't make county policy. They did that this year. I don't know. [12:53] that's not anywhere written in stone that they have to [12:56] » so that we can >> so I would say watch the a board meeting [12:59] in April or in May and then you will know who's applying unequivocally [13:05] because right now it is not written anywhere that anybody has to and the [13:07] state's never going to mandate it. So if you want to be aware I've told this to [13:11] other towns it's April and it's May. Um >> so are you saying that next year the [13:16] town may not get the notification that it got this year? [13:18] » I'm not saying that. that I'm saying I can't guarantee they will because it's [13:21] nothing that's required in any statute. >> And is it the and you may not know the [13:25] answer and that's fine. But is it the county who determines if that's required [13:29] or not? >> So that's the thing. The a board is the [13:31] advisory board to the legislature. The county makes the policy. Now from what I [13:36] saw in the emails, and I'm not going to speak on behalf of the county, but based [13:38] on the emails, it was the county is going to do their statutory obligation. [13:42] Full stop. Um, not to say that the, you know, Southeast or any town can't go and [13:48] determine more and find out more. But, you know, I can't speak on behalf of the [13:52] county. I can just tell you what is there. I know what is guaranteed and I [13:55] know, you know, what has been a standard practice, but I don't want to tell you [13:59] to always expect that and then next year it doesn't happen and you're like, what [14:02] did this lady say? >> Yeah. And this isn't on you, but I'm [14:04] just to the board real quick. It sounds like [14:06] » she's the only one who was willing to engage with us. [14:08] » Yeah. Thanks for >> This is me every time. So, yep. [14:11] » But for it sounds like the county is doing us almost like a courtesy notice [14:16] » and all we've asked for and this >> is more notice [14:18] » is just to tell the property neighbors which we're told they can't do because [14:21] it's not required but what they're doing today is not required in their [14:24] » right. I I never took it as they can't and that was my issue with all that back [14:28] and forth and I wish that our legislators could have just responded [14:32] when we asked a year ago but you know this this we spend more in legal fees [14:36] writing emails on both sides but um no one argued that the county is not doing [14:43] the minimum required by law. We just said, "Hey, you just wanted more." [14:47] » In transparency and participation, mail a letter for us, you know. [14:51] » Yeah. >> And that's how and then it just got [14:53] » I have a lot of things where if a lot of things went differently, I wouldn't be [14:56] here tonight. Um I wouldn't be the chair of the soil and water district if things [15:00] went the way they were supposed to go all the time. Um so that was our hope. I [15:03] mean, I'll tell you two years ago, I didn't know what a soil water district [15:05] was. >> I had no idea. Now we've actually taken [15:08] it out of the county, went independent. We now have an $180,000 grant program in [15:12] less than, you know, a year and a half. um there is a a void of education and I [15:16] think again I don't want to speak for the county but my my assumption with [15:20] that is you know with any government do you want to say you're going to do [15:23] something you're not responsible to do and in case you mess it up is that on [15:28] you you know that's a liability thing that's something to again you spoke with [15:31] legislative council you spoke with a markets council they said you you're [15:34] welcome to do that um you know another thing is the aboard has an email you [15:38] could on May 1st email the a board and say what are the southeast uh applicants [15:42] » okay >> you Oh, and and again, I'm not saying [15:44] you're right, wrong, and different, but I'm saying standard practice is what it [15:47] is, but prescribed practice is completely different, [15:50] » right? And this is helpful. I appreciate the, you know, conversation, but um I [15:56] just have a few more questions. I cut you off. Were you done? I I cut you off [15:59] that question. um the getting into the A district is [16:05] separate and has different parameters than um I don't know what it is but to [16:10] get the A exemption on your taxes >> totally different program [16:14] » I understand that but I want to make sure a lot of people think that they [16:17] apply for that to get tax benefit yeah >> and the question that I've asked myself [16:22] during this whole back and forth was what is the benefit why would somebody [16:29] apply to to the A board if it doesn't I'm sorry to the A to become part of the [16:34] A district if it doesn't provide any protections or financial benefits. [16:38] » It provides you a mediator without having to spend legal fees. [16:42] » That really is what it is, you know. Um and it's again not to say I can come in [16:46] and do anything I want to, but >> a regular standard farmer traditionally [16:50] is just busy farming. They don't know, you know, what things are allowed for a [16:54] and what aren't. You know, they're just going to go do permitting stuff. And the [16:57] act district was created to give kind of I don't want to say a voice but to give [17:01] representation to legitimate agricultural practices which just [17:05] because someone's in the district I need to be very clear about this. Putting [17:07] county chooses who gets in right and they make that determination again they [17:12] could include vacant parcels of land they don't. Bless you. Um they don't. [17:16] But if it's a farm operation that is not a legitimate robust farm operation or [17:21] their particular a practice isn't something the Agon market says is an a [17:25] practice they'll tell the town go at it you know do what you want. [17:30] » So just getting in the a district doesn't even mean that when they go up [17:33] to a market and say I need help >> that they will get that help. They may [17:37] say you're you're not enough. So the benefit for a for a farmer for farm [17:42] operations to get the support where there can be that intergovernment [17:46] without having to pay a lawyer to then go why are you guys doing this to me is [17:50] this allowed and to you know get kind of pushed out economically from the area. [17:54] You know, I've asked that question so many times when I was on the legislature [17:57] and I think this is the first time I've actually gotten an answer on I know this [18:00] is why I'm here. I appreciate that was I I asked that question over and over. [18:04] » Like why would you want to, >> right? But now I understand [18:07] » and most farmers have no idea. Like I'll tell you the farm that I work with um [18:12] they had no idea when they applied what the act district was. They thought it [18:14] was like a USDA stamp. I mean look who we are now. I'm the chair of the [18:17] district. Um but it was because nobody could answer the question of what is the [18:21] benefit. it there is eminent domain protections. Um so that's a big thing [18:25] for farmers because they can get squeezed out pretty quickly. Um there [18:28] are you know just standard things that it again if it's uh threatens public [18:33] health or safety game over. >> What about Well, and this is more this [18:39] is a discussion about a district in total like don't think that all of these [18:42] questions are aimed at you or you have to answer. [18:44] » Yeah. No, I'm just the a district person that says stuff so it's fine. Um, [18:48] » I have zoning unless you're if you're switching topics, I want to ask her a [18:52] question. If you're not switching, we're good. [18:54] » Um, what topic were [laughter] >> Well, she was talking about the zoning [18:58] protection. So, I just want to say go ahead. I've got [clears throat] [19:01] » um and and at the end I'm going to ask you a question that you might not be [19:05] comfortable answering, but but bear with me. So, at a recent county ledge [19:10] meeting, multiple legislators said multiple times, and you said something [19:15] similar, that, you know, town should just enforce all their their zoning [19:18] codes. Um, some property owners feel like they have [19:23] built-in protection. Um, we've spoken to consultants and some have said, "Maybe [19:29] you should back off on this, maybe you shouldn't." Like [19:33] it feels like what you're saying is if we think our zoning codes are good, we [19:39] should enforce them and let them follow the mediation procedure. [19:43] » Y that's >> Now there's another bonus that I'll [19:46] share with you is there is a grant program. I think it's about $25,000 that [19:50] Agon Markets um offers to municipalities as a review of your local zoning um to [19:55] see is it is it going to pass muster? Are you going to be doing mediations [19:58] with a markets all the time? um you know that's an option that you can do but [20:02] it's something that's a grant everybody loves grants right um and it gives you [20:05] an ability to get a fresh set of eyes of like okay here is and they're not going [20:08] to tell you you can or can't do this you hire an independent consultant um and [20:12] [music] it is you know you got go through with agon markets and and [20:15] they're familiar with that so they can say here's where you're going to have [20:17] problems down the road you can choose to keep whatever you want when someone is [20:21] in the district that is a difference now standardly there's certain protections I [20:24] know there's certain towns that have right to farm code and laws and things [20:27] like that and that's great um you know it's your choice to enforce what you [20:30] would like to. And if you say, "Okay, they're in the a district." You have a [20:34] little bit more backup when a land owner goes, "Well, why are you not doing it to [20:37] them or like, okay, because a legitimate a practice based on, you know, the [20:40] Clinton County Agricultural District, that doesn't mean that you can't do that [20:44] to a regular farm that's not in the egg district." There's a lot of farms that [20:46] refuse to apply. And I get it. um you know [20:51] » I have I so the mediation process though and here's where my mind goes it really [20:56] is up to their interpretation of what our code is. So if they [21:03] » and on the practice itself [clears throat] [21:05] » yeah so that that could I think that may be where that shade of gray lies. It [21:11] really is. So, it, you know, they feel like, well, you know, all of these codes [21:17] are unreasonable, then it really is a free-for-all. [21:20] » Well, welcome to courts and lawyers, right? Everybody reads the law a little [21:23] bit differently. Um, >> you know, if it if it's a a a noise [21:28] violation, they can interpret that. Well, you know, [21:31] » well, it depends because, and again, I don't want to go down the wormhole [21:33] there, >> right? I don't want to go down noise [21:35] that is, you know, if you're operating your tractor after standard hours, [21:38] things like that. There are certain things that you can look up for [21:40] standard, you know, like >> that is something that is a 305A review. [21:43] That's something that is gray and so you know what you should ask a markets [21:46] because they're going to be the ones instead of the tow making that decision. [21:49] » Well, I think I see it as you know here's here's like noise, odor, um, [21:55] property maintenance standards. I it's I'm of the opinion that we should not [22:00] care, look, research or even acknowledge whether a property is a farm or not if [22:05] they're not following our zoning codes. We treat them the same as we would my [22:10] house or any other house in town. >> Say, let's say we write up a property [22:14] for property maintenance. You know, they're not doing the right thing. Let's [22:18] say my house and the house next to me property maintenance. They're in the a [22:21] district. I'm not um >> I think they were in the district should [22:26] have to go to the a board and you know mediate, right? That's that's [22:29] » well so they would have to go to a and markets to mediate, right? And that's [22:33] the thing. So that's your choice. You can choose to have them do that. it it [22:37] would almost seem um uh unequal enforcement if we looked at that [22:42] property special and right that's and if we if that property is special then it [22:48] should be the neighbors should be notified specifically like they would a [22:52] fence or shed because those people um >> are directly impacted by like a zoning [22:58] you know change or anything like that and you know let me give an example [23:01] again this is discussion don't think it's directed at you but Star Ridge [23:06] We've asked the county to have a public notice sent to neighbors as part of any [23:10] other zoning application that we get. I know it's not a zoning change. Um we did [23:15] that our on our own because we were getting complaints. There was a farm on [23:18] Star Ridge and I watched the public hearing and everything and that person I [23:22] think they hired an attorney who came and they read all this stuff against it. [23:26] Um and I believe, don't quote me on this, but the owner of the property got [23:30] up and said, "Hey, I want to work with you. I wish we're having this discussion [23:34] on our back porch instead of right here right now. And if what we had asked for [23:39] a year ago to send that letter in May happened, they could have had that [23:43] discussion >> and we're back to not my role and talk [23:46] to legislator. >> Right. Right. I'm venting and and I [23:48] think this is something we have to [snorts] go to the county with. But [23:51] that's a perfect example where those neighbors, you know, could have broken [23:55] bread and and uh not had an issue and had an understanding. So [23:58] » and five minutes later they voted. So they couldn't even have an opportunity [24:02] to work through it. >> And I think in a education program, so [24:05] you know, we had gone back and forth and had said our district again because we [24:08] have that ability, you know, we're going to bring it to the A board and see if [24:11] they want to, you know, sign on to it as well. Our district's doing it no matter [24:14] what because what happens is nobody says anything and then everybody's hair's on [24:17] fire and everybody's mad at everybody. So our district is going to put together [24:20] an act district program which is for municipalities, which is for land owners [24:24] as well. And you know, hopefully we can get we give them food, right? people [24:28] will show up hopefully to be able to kind of dispel a lot of you know when [24:32] they see that notification they're not like oh my god you know like what's [24:35] going to happen they're not changing what they're doing they're doing what [24:37] they were doing yesterday and that's what we're going to be evaluating them [24:40] on into getting into the act district >> well I I think it changes a bit there [24:44] and like let me read something I'm not going to say who it was but this was on [24:48] this was out recently and it's from a farm and it says the problem has been [24:53] neighbors and town officials thinking our farm activities are against town [24:58] code when in fact they are protected by the state a law. [25:01] » I am not going to weigh in on this in the least. Uh I will go back to a [25:05] assessments uh and why taxes are different because again I again I do not [25:10] that is not my role. I know to stay in my lane [25:12] » right but my point is not only you know throughout this whole conversation I'm [25:17] on town board so a lot of that was directed at me and I was fighting it [25:20] sounded very much like that >> that uh I don't understand it the towns [25:23] don't understand it. I don't think the farmers understand it and I know [25:28] » I think everybody has a different understanding because it's a it's a [25:31] different way to read a law and I think the majority point here is you know you [25:35] guys want the legislature to put out a notice that they're not required to do. [25:39] They're like hey you guys do whatever you would like to do. [25:42] » There's got to be compromise for everybody. Right. [25:44] » Yeah. There's two things that and now we have a better understanding and I'm [25:48] strongly of the opinion I'll say this you know on the record if I get in [25:50] trouble whatever but we have to do equal enforcement and um whether it's in the [25:56] district or not and the properties in the district they apply to the district [26:01] so that they have mediation support so that they can escalate it and say hey [26:05] this is this is preventing me from doing what I want to do is it or is it not [26:10] unreasonable if it's unreasonable they would come back to us and say hey [26:13] they're allowed to do this and then know we've done what we can do. [26:17] » Yeah. And I I I think that's fine. I think like that's why you can choose to [26:20] do the grant where you look over your zoning and say, "How many 305 reviews do [26:23] we want in Southeast?" You know, you can choose to see how much paperwork you [26:27] want. But >> the complaints that we get, I think, are [26:30] reasonable. If if my neighbor came in, put a farm in, and then had roosters all [26:35] night running their tractor, you know, in the middle of the morning, you know, [26:38] creating a nuisance for me as a property owner, I'd be upset. Yeah, that's that's [26:43] my concern. All I will say is again that is a question for a and markets but [26:47] those sound like events are one thing right [26:49] » but animals and agriculture if they have a legitimate farm practice that is the [26:53] reason for the a district to go okay what can we reasonably talk about so [26:58] » before going down that full I feel the this is one guy this is a different guy [27:02] that emailed and all of the angst I do get that but that is I am not weighing [27:05] in on that I have learned this uh from day one knowing it's not in my lane I'm [27:10] not doing it I will gladly what I will say is I'm not going to go ear muffs. [27:14] I'm not talking about anything. If you have specific questions, you can reach [27:17] out to the district. We can then find out, you know, and be the intermaria for [27:21] you guys. If you guys don't want to reach out to Agon Markets, um you don't [27:24] have to wait till it gets to 305A review where it's a legitimate specific thing. [27:28] You can call Agon Markets, you can call Agon Markets Council, you can reach out [27:32] to either the A board or soil and water district and then we can reach out for [27:36] you. Yeah, I I think the burden of uh fighting it shouldn't be on the town, [27:43] but um but anyway, that that's >> But here we are, right? [27:46] » Here we are. >> Yeah. I you know, that's I I mean, we [27:49] shouldn't have to do research to say hm do we want to write up this violation or [27:53] not based on its um um designation um [27:57] » on a assessment versus the other because I will say some people think that people [28:02] get into the A district because they know of these protections. Half the [28:05] people don't. Half the people don't. Then everyone makes such a big deal of [28:08] it. They're like, "Oh my god, I got predictions." Um, [28:10] » we had a property recently in town um that got written up because they were [28:17] they were farming had all this >> they weren't within the town codes. I'll [28:21] say that. >> We are doing a specific thing again and [28:23] I'm trying to get to taxes. >> Oh, I'm sorry. What? I'm trying to not [28:27] do the specific items because I >> I thought you said that people um go get [28:30] into it because >> I said not all people go into the [28:33] district even knowing what the district is. So I wanted to clarify that there's [28:36] a a conception that everyone who applies to the district knows what the district [28:40] is. Sometimes it's just I'm USDA. I signed up with Cornell a district seems [28:44] like the bonafites for my farm. Well, what I was saying is in this town there [28:48] have been people that got in trouble and then they applied to the a district so [28:52] they could do what they wanted to do and not abide by our zoning [28:56] » and then they'll take up a 305A review of a markets and everything will sort [28:59] itself out. >> Um and that's again so just because [29:02] you're in the a district does not mean that a markets will protect every [29:05] activity, every event, every sound, every noise, every everything. But there [29:10] are going to be certain things for legitimate farming of, you know, hours [29:13] of operation because, you know, farmers have to farm a lot more and do a lot [29:18] more longer work hours than the rest of us. So, a assessment because I'm going [29:22] to get out of this wormhole you're putting me in. Um, a assessment versus [29:25] the A district, completely unrelated. You can be in the A district and never [29:29] get a tax benefit. You can get a tax benefit and never be in the A district. [29:33] And it happens a lot. Um there is a monetary threshold to be to get an a [29:40] assessment in the state. There's a monetary threshold. There's a minimum [29:43] horse uh number that varies from breeding to uh boarding to everything [29:47] else. So I'm not going to go into that. I'll let your tax person do that. [29:50] [snorts] Um but there that is a assessment. There is a minimum threshold [29:54] of you know commercial uh sales you have to have. [snorts] Um now again that [29:58] doesn't mean you have to sell them all on site. You could be selling to another [30:00] farm. You you know breed livestock and you sell them to other farms. So that is [30:05] a specific thing that it gets uh the soil district soil water conservation [30:09] district creates your soil group worksheet which then is what your um a [30:14] assessment which is actually an exemption. It's a reduction on your [30:17] taxes is based upon u but again there is a monetary threshold to get into the a [30:22] district. There's not a monetary threshold. Again we said it could be a [30:25] vacant parcel of land. Putnham County chooses not to do that. Putnham County [30:29] wants to see that you are a you're moving to a farm even if you're in your [30:33] beginning phases that you have a plan. Again, not necessary, but that's what [30:37] Putnham County does. And it keeps it to its very much just farms. So, totally [30:42] different programs. And again, half the people that even get into the A district [30:45] don't even know what an a assessment is. Um, so the A district gives farmers also [30:50] a resource where I can go pull up the A district list and this is who we're [30:54] going to reach out to for, you know, conservation, for technical assistance, [30:57] for things like that. It's an easy grab as a data point. Find every farm in the [31:01] county. I mean, good luck, >> you know. Um, so there are benefits to [31:06] it in that different way and it also impacts funding from the state. So the [31:10] more farms that you know we enroll in an agriculture environment management [31:13] program. Again I pick a district parcels first because I know that they're there [31:18] then we go down the list. But that also impacts state funding for conservation [31:21] for environmental concerns. You know everybody has concerns about you know [31:24] agricultural practices and runoff and things like that. And that's why there's [31:27] groups like the district that's why there's groups like uh east of Hudson [31:30] watershed a council um funded by D to make sure those things are mitigated and [31:36] they're done in a way where it's not regulatory. Uh so wonder district is not [31:39] a regulatory body um and neither is whack. It is because it is easier to [31:44] incentivize uh cooperation than it is to penalize it. Um that was the the purpose [31:50] of our two bodies. And then again the a board is just advisory. So when they [31:53] don't answer you it's not cuz they don't want to. Um but there's you know they [31:58] are volunteers appointed to just be advisory. [32:02] » Peter did you thank you for coming answering our questions. [32:04] » Yes. Thank you very much. Thank you. Peter, did you have a [32:09] » Oh, okay. [32:13] » And if anyone wants to make comment, there's the the other three of you. [32:17] » He's here every time that I [laughter] feel so bad. [32:21] » Uh, I'm Peter Bell. I'm the zoning enforcement officer. [32:25] » I rate the tickets. >> Oh, good for you. [laughter] [32:28] » So, here is my question. Is there a procedure or could we put together a [32:34] procedure for the zoning officer in our town to email you, call you, [32:42] show you something that's happening within an a district property and get [32:48] your opinion as to whether or not that is an a district event. [32:55] » What I would say is uh I would never win. Yes, you can email us and we will [33:00] get you the answer from the appropriate authority and then provide it to you. [33:04] Like we can do that so you're not having to send extra emails. We have no problem [33:07] doing that. >> All right. The reason being is cuz if I [33:10] go directly to a violation or a ticket, >> then it's between the town and [33:15] » the farmer. >> Yep. [33:16] » If I can get an opinion from you >> saying, "Okay, listen. I've already gone [33:21] to the egg board, >> gotten their opinion, and this is what [33:26] you're doing wrong." And you can't do this. [33:29] » Yeah, you could reach out to the soil and water district or you could reach [33:32] out directly. I can provide the contact information for the person at Agon [33:35] Markets who will off the cuff on a phone call tell you um you know a generalized [33:40] opinion. I can't tell you the amount of times that I will call up and I go, [33:43] "Hey, here's what's going on. What do you think?" And they're like, "Needs to [33:46] ripen." I hate that phrase. I hate that phrase because then none of us know what [33:50] we're doing until it ripens where everybody's mad, right? [33:52] » Um but it is something that I have learned how to navigate through. Let it [33:57] ripen to what will it ripen to? Um, so we're happy to do that. [34:01] » Okay. Because I I haven't even discussed this with the board or my boss, [34:06] » but it would make it a lot easier if I knew that I'm going in by with strength. [34:11] » Yeah. >> Rather than fight for no reason. Yeah. [34:14] » Correct. >> It does make me nervous and we we could [34:18] talk about that. Um, but everything I've read, all the discussions that we've had [34:23] and appreciate the cander and everything has been they have no protections. So I [34:28] think we need to enforce say that >> what in black and white there. [34:32] » No can everything could potentially go to mediation. [34:36] » Everything can go to mediation 100%. But there's no automatic protections [34:41] » and and thus I'm wrong and then we so we need to enforce that. They get an NOV [34:45] and they come and say, "Hey, we're allowed to do this because XYZ." Then we [34:49] assess it at that point. But I don't think that we can drive down the road [34:53] and say, "Oh, is this property in here?" Because we know there's unless I'm [34:57] unless I've read this wrong. It says, um, there's no automatic protections. [35:02] Agricultural inclusion can limit a municipalities to ability to force local [35:07] laws and regulations. Um, but there's no automatic approvals. I don't think we [35:13] could take that in consideration if we're writing a violation. [35:15] » What I'm trying to say is if somebody's putting up a fence, [35:18] » yep, >> they need to get a permit. [35:20] » Yeah. >> If somebody is putting up a barn on an [35:23] egg district, they do not need a permit. >> Am I correct? [35:27] » Oo, don't quote me this. What I tell everyone is you go to your building [35:30] department and you find out. Now, there are certain allowances [clears throat] [35:32] in fire and safety code if people if you're putting up a shed on [35:38] your property, we require a permit for it. [35:42] » Right? >> What I'm saying is if there is something [35:45] that is going on in a farm that we consider not necessarily farmbbased. [35:54] That's what I need an opinion on. >> Yeah. Again, my my thought is people get [35:59] scared of the word violation. All it is is a letter that says, "Hey, we think [36:03] you're not in compliance with this code. Get 30 days." Right? [36:05] » Well, I think they get really mad, too. >> Well, you know, so that's up to you guys [36:09] to govern your time as you see fit. >> But it's a it's it's like, "Hey, 30 [36:14] days." And and that person can call and then there's a documentation of it and [36:17] say, "Hey, this is I I can do this because of X Y and Z." Or you call the A [36:21] board, reach out to the A board, and they give some communication. [36:25] » Don't reach out to the eye board. They will never give you [36:27] » soil and water. >> Yes. Um, but then we have a paper trail. [36:31] So when you know when you're gone or I'm gone and the neighbor moves and they [36:34] say, "Hey, what's going on here?" you foil it and say, "Oh, this this was [36:38] already addressed." And they're allowed to do it. Um, but we could talk about [36:41] the process. And I'm not trying to like hurt farms at all, but we get [36:45] complaints. How do we treat it? And what I've learned now is we treat it the way [36:50] we would any other property, but that property owner gets the benefit of [36:55] having resources to support them for free. [36:58] Yeah, >> entirely up to you guys [clears throat] [37:00] as a town board as elected people that deal with all the complaints all the [37:03] time. Um, in my experience is just uh headed off with the past before you get [37:09] to larger things. Everybody's more mad and everybody's cranky and everybody's [37:13] fighting and writing Facebook posts and all that stuff. Yeah. [37:16] » Right. Like I'm just here to say if you would like a resource, if you would like [37:19] a resource, anybody wants a resource and wants an informal phone call and says, [37:22] "Hey, >> is this legit? Is it not legit?" I'm [37:25] 100% going to say, "Let me make a call." I'm never going to give you an answer [37:28] right off the bat unless it's something wild, right? And I know it's completely [37:32] nothing to do with farming, which you know, then he would know and he wouldn't [37:35] call, right? Um, so the resources there, if you want it, you guys choose to do [37:39] what you want. We've just found again speaking to farmers, they get violation. [37:43] Regular landowner gets a violation. They're like panic. I'm going to prison, [37:46] you know, and they're worried about it. >> Um, so if there's any way, again, you [37:50] can reach out before it gets to a formal 305A. can ask for an opinion in writing. [37:55] So, you can put in your foil record, you could write an email, you can make a [37:59] phone call, or if you want to do none of the above, we're you're happy to call us [38:02] and we're okay with that. >> Can I just ask a couple more questions? [38:05] I'm sorry. Um, >> sure. I'm so sorry. That guy in the [38:08] back, I never remember your name. >> Scott loves sits here for hours. He's [38:13] like, it's going to be an hour. So, you >> got a question. [laughter] [38:16] » You if you guys want to ask a question, we're trying to do that more. So, but [38:20] » you could choose to leave. >> I'm fine. No. [laughter] This is short. [38:25] » Uh, couple questions I did have. Um, so the legislature, we have to reach out to [38:29] them to ask for mailings similar fashion when we have a zoning board application [38:34] where that applicant has to tell his neighbors, "This is what I'm doing." [38:38] We'd love to see uh the applicants into the act district do that, but that's [38:43] something that we could push on the legislature. Has nothing to do with you [38:46] guys. So I want to >> and that went back and forth with [38:49] legislative council already >> and a markets council but God bless you [38:52] do anything you would like. >> I would love to see that happen. I don't [38:54] know why it hasn't happened yet and >> and I was on the legislature for 12 [38:58] years but it it never got to this point until just recently. [39:02] » I know >> it just the last few years it's it just [39:04] got heated. But one of the things that used to always happen on the legislature [39:08] and I always assumed it was a rule because that's what I was told but I [39:12] don't think it was is if a property has outstanding violations or an open permit [39:18] that couldn't go into the a district but that was never a rule apparently [39:22] » because it's not there there was a long-standing and I from my [39:25] understanding of what I've been told it was it was a mechanism that was used to [39:29] uh prohibit really bad actors back in the day. Um I mean kind of a silly thing [39:34] to do cuz you could just you know use any of the other reasons uh of why that [39:38] was a not great agricultural parcel. Uh but they chose that that is something [39:43] that you know the state has even gone on to be like it's a little overburdensome [39:46] where again if it's something completely unrelated so we kept in there where if [39:49] it's environmental degradation if it is um you know something that's a [39:53] long-standing administrative thing say you didn't close at a permit on your [39:57] your back stair or you know the building inspector hadn't come out and done [40:00] something it can't be a prohibitor but it is taken into consideration. Um, so [40:06] it's not to say you can do anything you want, do whatever, but if the the A [40:10] district isn't a change of use, >> it's literally giving a um, you know, [40:14] supportive county and state program to a parcel. So that's why, you know, to my [40:18] understanding, it was you're not changing a use, you're not going for [40:22] building permit because if you go for building permit, you have open stuff, [40:24] you can't get one, right? >> There has been such a convolution on [40:28] planning, site plan approval, variances, things like that. And that is not the A [40:32] district. the act district. It's just you get some extra help maybe sometimes. [40:37] Um >> I always looked at it as you can't sell [40:40] the property because you know you haven't [40:42] » that's a change of ownership. >> That's a change of ownership. But I kind [40:45] of feel like this is well >> and that was the thing. It was change of [40:47] use, change of ownership. This was none of the above. Um but that and I get that [40:51] that abrupt change would be like whoa. Now it said if there was something that [40:54] was 30 days prior that was something that was environmental or things like [40:57] that cuz that's why I think in the beginning they originally put it in. [40:59] There was lots of dumping and just crazy stuff back in the day cuz nobody knew [41:03] what the act district was. >> Okay. Um and the last question very [41:07] vague agro tourism >> h completely [41:10] » that is very uh very vague question. It really depends. Um that is a very very [41:15] nuanced thing. Um again agon markets uh specifically and that's why they are [41:20] your resource. We could be a resource to go to them. It is literally case- by [41:24] case basis. Like if you breed livestock and you're uh socializing animals and [41:30] that is part of what you do in order to sell them, that is something that is [41:34] protected. If you're just doing it for, you know, hahas and there's different [41:38] things and it's not really your farm products. It's not necessary to your [41:41] agricultural business. Different. >> Okay. [41:45] » I have one more question. I am so sorry. >> No, you're good. I'm going to give you a [41:49] a hypothetical. >> Oh, good. [41:52] I'm going to try I'm going to try not to be specific, but I'm I'm more concerned [41:56] about neighboring residents and their protection. Um I understand all you know [42:02] there's a shade of gray here, right? You know, we're not going to give a a [42:06] violation to somebody who's farming at 5:00 a.m. because it violates, you know, [42:11] a noise code or whatever. Um, if I want to put a shed for my animal or [42:19] my animals right on my neighbor's property line or right next to my [42:23] neighbor's property line and that say hypothetical Peter fits [42:29] the a district rules or whatever, >> how much protection does that neighbor [42:36] have? that resident, >> do they get to speak in the 305A review [42:42] or do they have any >> Yeah. [42:45] » protections? Absolutely. Or if they were to go to this, do can we encourage them [42:51] to >> be vocal? [42:52] » They will be involved. So, if there's a 305 review, let's say on sound, I'm just [42:56] going to say sound. I'm not going to dedicate. [42:58] » I'm speaking pure hypothetical. hypothetically on sound. Um what would [43:02] happen is then they would talk to the land owner they would talk to uh the [43:06] town board they would talk to any neighbors who had those complaints [43:08] » express concerns >> and then they will take the full-fledged [43:11] they will go out on site and say hey what's going on honestly with setbacks [43:15] and things like that I think he knows it and there's certain things um but [43:19] » again I think 305A is there right and it's there for a properties you farms [43:23] aren't in the district I'm sure he complains about those right so I think I [43:27] mean the better practice that I try to you know go by every day be a better [43:31] neighbor. um where you know to his point is if you say hey this is something that [43:36] has come up is there a way we can kind of work together can you do something a [43:39] little different maybe you know don't do this just because they the actists you [43:43] know with tractors let's say at certain hours of the morning I guarantee you if [43:47] you kindly go talk to a farmer you send this nice man and say hey neighbors are [43:51] coming mad can you start a little bit later they're probably not going to give [43:53] you a hard time you send them a violation in the mail they're probably [43:55] going to get for an attitude um so again like there are there are protections for [44:00] everybody but it's it's giving that balance lands. So you can still survive [44:06] in a a county that's made of rock, frankly, right? Um so it's already hard [44:10] for agriculture, but it gives them an ability to, you know, sustain when there [44:14] is uh surrounding pressures and development, which I mean is is us. [44:18] We're right outside of Westchester. It's creeping in. Um so keeping that open [44:21] space and open land, but not with a disregard for neighbors. So 305A would [44:25] include neighbors. >> Okay. [44:26] » Um everybody's got >> want to make sure that they do have some [44:29] protection and that they do have a say. Yeah, because if it's somebody who's [44:32] just like just flagrantly just being a rude person, they're not going to go, [44:36] "Oh, yeah, because you're a farm, you get to do it." They're like, "All right, [44:39] can you be more reasonable?" And they're like, "Okay." And they go to the town, [44:41] "Can you be more reasonable?" They go to the neighbor and suddenly everybody's [44:46] fine. Um there's only 11 times in all of a district history that a markets issued [44:51] an order because nobody would work together. And that's, you know, since [44:54] the 90s, so it's a good track record, I think. [44:57] » Okay. Thank you. >> Thank you so much. Scott, did you have a [45:00] question? >> I got one more question. [45:02] » Oh jeez, I'm so sorry. She's never coming back. [laughter] [45:07] » 2 hours. >> Is there any difference in Agon Markets [45:13] and in your organization if it's a residential if it's a farm in [45:19] a residential area zoning >> or commercial zoning? [45:25] » Uh on practice for us, we don't look at zoning. You don't you don't care which [45:30] one it is because with the town we have different zoning codes and different [45:37] um town codes for a residential district than we do for commercial district. [45:43] » I know like in certain towns there's like a residential R4 zoning that [45:46] includes farming, right? Um and it includes small and large farms. So your [45:50] your zoning still applies. I mean if somebody goes to buy a parcel I would [45:54] hope when they want to start a farm they're like let me make sure I can this [45:57] year. Well, it's more of a case of I feel in my opinion that a farm in a [46:04] commercial zone can do more things than a farm in a residential zone. [46:08] » Catch 22 though because a commercial zone is generally somewhere where it [46:12] isn't vast open swamps of open land, right? And that's that's where the [46:16] zoning thing kind of gets confusing where it's you do your zoning to have [46:20] uniformity and to have where it's not just chaos like industrial building here [46:24] and then you know tiny things there. It is a commercial, you know, operation, [46:29] but it's not, you wouldn't want it in the middle of, you know, the city of [46:32] White Plains, you know, in the middle of the downtown. You want it in a more [46:36] residential, suburban, urban zoning, but your zoning is your zoning. Okay. [46:39] » Um, and again, I think that grant I'll definitely send you guys the [46:42] information. It's a grant. You could do it and then you can say, "Well, I don't [46:46] agree with it." Throw it in the garbage. Are you saying that um like it would be [46:50] in our best interest to uh get this grant, use it to adjust our code, put [46:56] some provisions specific to farming that are reasonable. [46:59] » Adjust your code, but make it so that you're not having a bunch of 305A [47:02] reviews. You can kind of go through that now and go, what are you guys [47:05] comfortable with? What are you not? And that way he doesn't have to call me as [47:09] much. No offense, you can. Um, but you're kind of heading off at the past [47:13] and then you know right then when you go through your whole zoning code, this is [47:17] where we're going to get push back in an a district parcel from the state and [47:20] this is why. >> Yeah. I'm wondering if if that's a good [47:23] practice so we could say, hey, you can farm and do these things, but you can't [47:27] do these things. So it overall it's less restrictive and there's better um [47:32] » Yeah. >> Yeah. [47:35] » more teeth in certain things. Yeah. >> But anyway, we can [47:38] » Okay. >> So, I'll definitely I'll send you guys [47:40] the information on that because that is something that no towns know about. Um I [47:45] told PT Valley last year uh their new town supervisor is going to be, you [47:48] know, moving forward with that and the grant is a grant. It's I think the match [47:50] is in kind services. So, um something that's super easy. [47:54] » Thank you. [47:59] » Yeah, it's been two or three years. I remember bumping into her and I think it [48:02] was Town of Patterson. She was there with the farm. you were representing [48:05] them when this first came up and that was the very first time I heard about a [48:08] districts. >> Long way to go, huh? [48:10] » Exactly. You're you're a prize has been incredible, shall we say? Um I've been [48:15] county meetings. I could just say this is the best definition of agis I've ever [48:19] heard anywhere. >> Thank you. [48:21] » So thank you for that. I mean the clarification here and I think that farm [48:25] at the time is their main reason was going district was that's what Cornell [48:28] told them to do. >> Literally USDA. [48:30] » They came up here learned to farm. Cornell said hey this is how you farm. [48:33] this is what you do and this is what you do next. So they went to the a district [48:36] and next thing you know they're standing in front of the town of Patterson [48:38] fighting with the board on a district. So that's thank you for the information. [48:44] It was nice. >> Yeah. Second that this is you know lots [48:46] of emails back and forth. It's very nice for you to come and [48:50] » No problem. >> Provide some more clarity I think. [48:53] » Am I [laughter] kidding? Um Lynn Ehart, thank you for [48:58] letting us ask. I only have one and I think it'll be quick. is next year. [49:03] » No, it's not. [laughter] I answer those in my own head at home [49:07] all the time. Um, next year is the full review of all the districts. Can you [49:12] explain how that works, please? >> Oh god, I can explain how it is supposed [49:17] to work. Um, I can explain uh 8 years ago was the last time it happened. And [49:21] so, you know, we'll see. Um the way that Agon markets we just had a training in [49:26] March where we're going to do more um we're going to do some during the day [49:29] and some in the evening so that residents and people can come if they [49:32] want to. Um the 8-year review is really looking at um because it's the same [49:36] thing that the two basic criteria is it does it um add to the viability of [49:39] agriculture in the county and is it in the best in the public interest of the [49:42] county. Those are the two main things to get into the district. That's why it's [49:46] so open and big. Putnham County has narrowed it to farms. Um it is a review [49:50] to see what parcels have turned into non-farmms, right? because there's no [49:55] reason to have let's say something that used to be a farm today is now uh you [50:00] know fivetory building uh in a you know commercial zoning area like then you [50:04] wouldn't need that in um so the way that the a board has discussed it the way it [50:08] has been done all years in the past for all of the time since 2003 was a mailing [50:14] um a mailing or contact goes out to the a uh district uh parcels saying if you [50:20] would like to be removed um please let us know and then the a ward along with [50:25] planning um and I think soil and water will be doing that as well this year. [50:28] Looks at kind of aerials and goes is this still a farm is it not a farm and [50:31] reaches out to land owners from there. It is not a we go picking them all out. [50:35] Um if you see any agon markets training they show you this like little slope [50:39] that has a tractor and it's just driving downhill because the loss of farming and [50:44] farmland in New York State is wild. I mean it's more expensive to do [50:48] everything here every day. Imagine you have to put diesel in all of your [50:51] tractors and everything else. It's just it's abhorrent. Um, so it's not a [50:55] pulling out of properties, but it's looking at the properties. Uh, I think [50:58] there's two years ago there's 157. I want to say there's about 180 parcels in [51:02] the district right now roughly. Do not quote me on that exact number, but um, [51:06] that is specifically going through and saying um, you know, Tilly Foster Farm [51:11] is in the A district. I always thought that was a little bit redundant, but [51:13] great. You know, the county doesn't need protection from itself. Um, but looking [51:17] at the different parcels and again some of them are open space, some of them [51:20] are, you know, some religious institutions where it's it's open space [51:23] and it protects it and I think that's fine. They're never going to have a [51:25] farming practice to do a 305A review on. So, it really doesn't matter. Um, but [51:30] again, it helps some state funding, but it is uh a mailing. This is the way it's [51:34] been done. So, a mailing has gone out to all the parcels saying if you'd like to [51:37] be removed, let us know. Um, and if there's anything that is like [51:40] egregiously not a farm or totally industrially developed, that would be, [51:43] you know, an indiv individual cont. But you're not asking them to go back and [51:46] reapply at all. God, that would be >> So it's just if you want to be removed, [51:50] send us a letter. >> And there'll be a standard a inclusion [51:52] process next year. So people can apply next year, but it's when every years you [51:56] just have to review and say, is this still doing what the program intended in [52:00] aiding in agriculture >> and you guys could go in there if the [52:03] person is non-compliant, doesn't respond to you, and is not operating the farm [52:07] anymore, you can pull them out. >> Yeah. And that again, we write the [52:10] recommendations to the legislature. Sometimes the legislature listens. [52:14] Sometimes they don't. Uh I do this every meeting anyways. So, you know, we will [52:20] give them the opinion. The board takes a vote. We go through that. So, it is [52:23] going to be a burdensome year next year. Uh we're going to have to start pretty [52:26] soon on on collecting all that data. But it is really again because it's a [52:29] voluntary program. It's a supportive program. It's not really anything that's [52:33] changing any use or changing ownership. So, a lot of times if there's [52:36] subdivisions, it's just the maps. Uh some, you know, farms will subdivide a [52:40] parcel, but it's still entirely a farm. They just do it for generational [52:44] planning, things like that, and then it's just tax maps have to be updated. [52:47] So, >> another question, [52:50] » two questions. I'm going to pretend they're not hypothetical, but maybe. Oh, [52:52] God. Okay. >> Um, if if a farm becomes a [52:58] » Well, one is do farms if there's any ownership [53:02] changes, does that impact the uh designation or whether it's in a [53:06] district? No. >> No. So there's the [53:08] » as long as they're you know they're in the district that so the a district is [53:11] based on parcel. >> Okay. [53:13] » So parcel number is what's in the district and then if the ownership [53:16] changes it still remains >> and if there's a parcel that's in for [53:19] three years let's say um in the fourth year they stop doing something or they [53:23] start doing things they shouldn't. It's still tied to that 8-year time period. [53:27] Nobody gets kicked out in the middle. >> Nobody gets kicked out. And again, it's [53:30] I would say it'd be very difficult to justify cuz again, the county decides [53:34] what it decides, right? And if it's like, okay, I want to rip this parcel [53:37] out, they're not farming enough. You don't have to be a farm to be in the [53:40] district. The big change of use is where I would say that there may be parcels [53:44] that get pulled out. Um, again, if you're transitioning land to, you know, [53:48] same thing kind of with a value assessments, if you have, you know, a [53:53] farm and you do farming operation and all of a sudden you just build [53:56] everything, there's concrete everywhere. You've literally ruined the agriculture [53:59] land. So, it has no value there anymore. That's an instance I would say that gets [54:02] pulled out. But if it's less farming or whatever, again, that's for the county [54:06] legislature to decide, but there's going to be 180 plus parcels. [54:11] I do not see anyone doing fine tooth comb. Um, again, because if they're [54:15] problematic parcels, maybe, you know, um, that if, you know, the county's [54:18] heard about for all time, but I don't think it's anything, um, there was a [54:23] question of like, well, can we pull people out? It's like, well, in theory, [54:26] you could, but you have to justify that. the county has to justify why they're [54:29] ripping that parcel out and then that'll be a fight for the county if it's, you [54:32] know, you're just, you have less chickens today than you did five years [54:35] ago. Um, so >> that's how it worked in the past. Um, [54:40] we'll see. >> Thank you for coming out. [54:42] » You had one more or no, you had another hypothetical. [54:44] » Come back in two weeks. >> I got them both. Kick out and uh [54:48] ownership. >> Perfect. Thank you guys so much. Run [54:50] while you can. Thank you. Okay. [laughter] [54:53] » Thank you. >> Okay. Uh, I'll make a motion to go into [54:57] our regular meeting. Do I have a second? >> Second. [54:59] » All in favor? >> I. [55:01] » Okay. Item number one on our uh regular meeting is a a motion to set a public [55:07] hearing for Thursday, September 17, 2026 to amend town code chapter 126 taxation [55:14] for volunteer firefighters and am workers and exemption for unmarried [55:20] surviving spouses. I'll make that motion. Do I have a second? [55:24] » Second. All in favor? >> I. [55:26] » Thank you. Uh number two is a motion to set a public hearing for Thursday, [55:30] October 1st, 2026 to consider a proposal of local law amending chapter 138 zoning [55:37] article uh 19 floating zoning district section [55:44] 138-104. this multif family workforce housing [55:49] district to implement provisions of the New York State Division of Human Rights [55:55] uh pre complaint settlement agreement. I'll make that motion. Do I have a [56:00] second? >> Second. [56:01] » All in favor? >> I. [56:04] » Thank you. >> Good job with your Roman numerals. [56:06] » Yeah, took [laughter] me a second there. Right. 19. [56:08] » Way back. >> Yeah. Um Okay. Number three, uh is a [56:13] resolution authorizing the supervisor to sign a settlement agreement with New [56:17] York State Division of Human Rights nullifying the multifamily workforce [56:22] housing district. So, uh with that, I'd like to uh make make a motion resolve [56:29] that the town board of the town of Southeast is hereby accepts uh the [56:33] provisions of the pre-complaint resolution agreement with New York State [56:37] Division of Human Rights. the agreement and authorizes the town supervisor to [56:42] execute implement such agreement forth with I'll make that motion. [56:48] » Second. >> Thank you. All in favor? I [56:55] » uh item number four on our agenda uh is a motion to authorize the supervisor [57:02] um to sign a memorandum of understanding with Putinham County regarding the [57:07] conveyance of certain inrem property to to the town adjacent to the highway [57:12] department on Palmer Road. So I'll make this motion uh be it resolved that the [57:18] town board of the town of southeast is hereby authorized authorizes the [57:23] supervisor to execute a memorandum of understanding with county of Putinham [57:28] regarding the proposed conveyance to the town of a portion of a certain property [57:32] known generally as 61 View Avenue and 63 Old View Avenue [57:38] identified by a tax map number 67.12-2. 2-28 and 67.12-1-28 [57:50] respectfully. Um, uh, which properties was previously [57:55] obtained by the county in REM and further resolved that the MOU is fully [58:02] executed. The supervisor is authorized to engage Terry Bergenhoff Collins [58:09] licensed land surveyors for the purpose of preparing the necessary subdivision [58:14] lot line adjustment maps uh necessary to affect the completion of conveyance. [58:21] » Uh I'll >> I'll make that motion. [58:24] » Second for discussion. I'll be abstaining on this vote. I have a family [58:27] member whose property abuts this property. Um so if we could do a roll [58:31] call vote. Thank you. Any other discussion on the matter? [58:35] So, uh, put I'll put it to a roll call vote. [58:38] » Councilman Cypress, >> yes. [58:40] » Councilman Larka, >> Councilwoman Lewis, [58:43] » yes. >> Councilman Mazada, [58:45] » yes. >> Supervisor Castellano, [58:47] » yes. >> Thank you. Uh item number five is a [58:51] resolution to authorize the supervisor sign a contract with stat locksmith for [58:56] installation of handicap accessible self-opening and closing doors and crash [59:02] bars to certain doors in town hall and Lake View Manor. I will make that [59:08] motion. uh resolved that the town board of the town of Southeast accepts the [59:12] proposal of Stat Locksmith of 144 South Parliament Road in Lraange, New York. Uh [59:20] zip code is 12540. uh to install a handicap automated [59:27] closure device, replacement doors, push bars, and associated hardware specific [59:32] for the doors in Town Hall and Lake View Manor, and hereby authorizes the [59:36] supervisor to execute a contract with Stat Locksmith for such services in [59:42] accordance to with the proposals dated July 1st, 2026 and July 7, 2026 for a [59:48] total contract price not to exceed $19,645. [59:53] $5. Uh be it resolved that the resolution [59:56] take effect immediately. I'll make that motion. Second. Second. [1:00:00] » Thank you. All in favor? >> I. [1:00:03] » Great. Now we're at other uh new business. Any board member have any new [1:00:09] business they want to >> works? [1:00:14] Good. Uh being that there is none recognition of public for public [1:00:18] comment. Please come forward. [1:00:34] Hi, thanks again and thanks for opening up the um a districts to some questions. [1:00:39] I think that was really helpful. So, thank you. Um I have a question though [1:00:44] on the on resolution number three. Was there a financial settlement with that? [1:00:50] When you say financial settlement, there was there's no ex no expense of the town [1:00:54] other than uh members of the planning board and the town board are going to [1:00:59] have to take a course on on the uh uh uh workings of the human rights law. [1:01:06] Okay. I'm annoyed because the entire way through this process I was on the [1:01:13] planning board. I still am. And I said repeatedly that workforce housing in my [1:01:18] opinion was discriminatory and it was repeatedly ignored by everyone. And I [1:01:24] just want to say I mean of course I'll take the course gladly and I know I'll [1:01:27] learn a lot that I don't know in it but it's frustrating to me. Um [1:01:33] it's very frustrating to me because I couldn't see having been a realer years [1:01:36] ago how it wouldn't be considered discriminatory. [1:01:40] Well, as as it was explained to me in the discussions, uh it wasn't um de [1:01:46] facto discriminatory. It was an application that was discriminator [1:01:50] discriminatory because it uh because it specifically said it would pri [1:01:56] prioritize persons that were in certain industries locally. and the the state [1:02:03] division uh and their analysts said that if if it had been uh not limited to [1:02:09] pieces persons in the town of Southeast, it wouldn't have been discriminatory. So [1:02:13] you can um so for example the new if the new um garden street or whatever does [1:02:20] want to use workforce housing in there to a degree or anyone wants to in town [1:02:25] as long as it's just just based what you're telling me is if someone's a [1:02:28] firefighter or someone's a teacher that is all legal as long [1:02:33] » street wouldn't have any this wouldn't have any our zoning not the vill's [1:02:36] zoning >> right [1:02:37] » why did you bring up garden street [laughter] [1:02:41] » just so everyone knows But it was well in the same developer. [1:02:44] So I'm just kidding. >> Of course. I know. But no, but I want to [1:02:49] be clear on this then. So if something's in front of the planning board and they [1:02:53] want workforce housing, and nothing is right now, but if if it came in front of [1:02:57] us, we if long as they say we want, oh, maybe farmers, but we want uh teachers [1:03:03] and um you know, and the list goes on. as I understand it, if it's more broadly [1:03:10] um advertised and open for not for because of the the regional disparities [1:03:17] of wealth is really the way it was explained to me. Uh that is that [1:03:23] somebody who was uh considered um uh a [1:03:31] somebody who was who was a part of a protected class from outside of this [1:03:37] region could not have taken advantage of those priorities. [1:03:43] And it's really the the whole purpose of of the human rights law and the and the [1:03:48] housing protections is to protect those that are of protected classes and [1:03:55] teachers aren't a protected class. Um >> none of the were any firefighters? [1:04:01] » No, none of those are protected classes. And and [1:04:03] » okay, >> and the reason why I think the reason [1:04:07] that the division of human rights uh took issue with this and they they they [1:04:13] were very I mean they were not about to file a uh a formal uh litigation [1:04:19] complaint. they they worked with the uh the Barrett Hill people and and one of [1:04:26] the parties to this settlement is Barrett Hill's um uh agent agency that [1:04:33] they use to actually run the lotteryies for for the uh priority housing which is [1:04:39] you would think that agency would be more um aware of of uh how the [1:04:46] application of these of these uh specific housing rights laws [1:04:50] uh apply but they are you know they are part of this as well because they were [1:04:56] the ones uh running the lotteryies right and uh [1:05:00] » so will Barrett Hill now I guess I'm still seeing it for me there's a [1:05:04] disconnect and I apologize but for me now at Barrett Hill they still have the [1:05:09] 10% that are um are more affordable okay >> so is there still a requirement of any [1:05:17] sort on that 10% other than income is my question. [1:05:21] » Um I guess there's a discussion regarding we could still have uh 55 and [1:05:28] older provided they get a waiver from the division. [1:05:32] » Okay. So >> and they do that all the time. So they [1:05:35] they've indicated that they will get that waiver. [1:05:38] » Okay. So but that would be the only exception. No more veterans, [1:05:43] firefighters. You can't have a you can't have a priority for the for them [1:05:47] » anybody else >> because it would be discriminating to [1:05:50] those who are outside the region. >> So anyone who comes back in front of us [1:05:54] with workforce housing. >> No. [1:05:56] » Well, if actually in the agenda that was circulated there is there is a copy of [1:06:01] the amendments to that section of the law. [1:06:03] » Right. That's what number it's already been vetted by the division and they're [1:06:08] they're good. Okay. >> Okay. I think I get it. Thank you all. [1:06:12] Thank you. >> Thanks Lyn. [1:06:30] Scott Seymtown Southeast. I'm also here from the Brewster Board of Education. [1:06:35] Um, as you've probably seen our yellow buses on the road that schools are now [1:06:38] open, so be careful when [snorts] you're driving. Um, day two down. Hopefully [1:06:44] good. You know, we've had our minor disaster for the year. So, hopefully [1:06:47] we're predestined and then we're good from now on. Um, most of the capital [1:06:52] projects are resolved. There's some minor things that are still going on. [1:06:55] The cafeterium should be done I believe October. That's just some internal work. [1:07:00] A lot of it is related to machinery, uh, heavy aluminum pieces. I mean, it just [1:07:05] there's a backlog in construction and uh the PEK STEM lounge just getting [1:07:10] equipment in. >> I saw it. It looks great. [1:07:12] » I got an early trip in there. Some of these machines are [1:07:15] » incredible. >> I saw it completely by mistake the other [1:07:18] day, but it was Yeah, it's awesome. >> Right. I think we're waiting on the u [1:07:22] the air circulation or the withholding system that so that it would take out [1:07:27] any dust through the air, the the zero pressure room, all that is the only [1:07:31] pieces left. And of course outside the sports they're still working on that. Um [1:07:38] I just wanted to point out that next week on the 8th there is a [1:07:44] law enforcement representatives and regional safety experts. We're having a [1:07:47] safety forum as we do every year to point out what's going on in the [1:07:50] district, things we've done to make the students and staff safe. And of course [1:07:54] we invite the general public to all come or to send any questions resolved around [1:07:58] that. Um, and as always, you know, we thank the [1:08:03] town for what you've done on behalf of our students. Anything we can do, please [1:08:06] let us know. >> Scott, this morning's delay for the [1:08:09] school remained at 2 hours and not every Okay. [1:08:12] » And that, I believe 9:30 last night, a night cleaner found water on the floor, [1:08:17] traced it back into a room, went in there, and then the pipes exploded, and [1:08:20] then it [laughter] went steadily downhill from there. But we have, you [1:08:23] know, great staff in the system and, uh, a lot of great secondary help. You know, [1:08:27] they have contracts with certain providers in the area and they swooped [1:08:30] in and were working on it all night long, I think, up until we opened. [1:08:33] » Great. >> So, but [1:08:35] » great job, >> Scott. I I was waiting for my daughter [1:08:37] to get off the bus yesterday and I got the mail and my tax bill was in the mail [1:08:42] and I opened it and I was like, "Ah." And then my daughter got off the bus and [1:08:46] I was like, "How was your day?" She goes, "10 out of 10." [1:08:49] » All right, I guess I'll pay this. [laughter] [1:08:52] » So, I always have to get in Tony before the bus tax bills come out. It was it [1:08:56] was perfect timing. It's [laughter] going to have been better, [1:08:59] » right? And and that's what we hope to see more of. So point of these items and [1:09:03] anything else, please let us know. I know I did um speak to Dr. Gosh about [1:09:07] the project 250 that you know we're trying to include and so we're trying to [1:09:12] get involved on that and I don't know if um for your fireworks, I'm assuming [1:09:16] you're going to announce that this weekend. Um if the kids that were [1:09:20] involved in it prior to the delays are involved that I don't know. I haven't [1:09:24] heard but I would hope. >> They weren't. Perfect. [1:09:27] » The timelines are tough on these. >> I think we're going to cancel them [1:09:29] anyway. >> Okay, that's [laughter] it. [1:09:32] » If you would like to join us, just let us know. We're happy to have [1:09:36] » Thanks, Scott. >> All right. Thanks. [1:09:38] » I'm just kidding. Thanks, Scott. We're not cancelled. Who knows? Probably. [1:09:41] » Now you think about the weather. >> It's probably going to rain. [1:09:44] » No, actually the weather looks good. >> Beautiful. [1:09:47] » Yeah, weather looks beautiful for the weekend. [1:09:50] » We said that for Fourth of July, too. >> Well, it really does now. [1:09:54] [clears throat] Uh recognition of the town board, town board comment. [snorts] [1:09:57] » One announcement. Um Sunday is um we do an annual Zach attack at the volunteer [1:10:03] park honoring a um former Brewster Little League player who uh died way too [1:10:09] young of leukemia. >> And uh it's all day at volunteer [1:10:14] softball games, baseball games, food, drink. Um it really is a great event. [1:10:19] » It's a great event. >> So from a community perspective, [1:10:22] anyone's invited. Um, and it's um, it's a great way for the community to come [1:10:27] together for a truly worthy cause. So, >> it's great. And just to piggyback off [1:10:31] that, the varsity Zack Attack game is on September 18th where they honor honor [1:10:38] Zach as well. >> Yeah. [1:10:40] » Thank you. >> Thank you. [1:10:43] » Fireworks. >> Fireworks. [1:10:45] » Fireworks. >> The fireworks are Sunday. Uh, [laughter] [1:10:49] they're going to go It starts at six o'clock. They're We're gonna I have to [1:10:52] reply that later. We're going to shoot them off as soon as it gets dark. So, [1:10:54] it'll be earlier this year. >> The DJ is going to start at 5:00. [1:10:57] » Five. Yeah. 5 o'clock. >> Yeah. That's why we were telling you to [1:11:01] do [laughter] I never mind. 5:00. Uh DJ starts at 5:00 [1:11:06] » and and rain or shine. >> Rain or [laughter] shine, it's on. We We [1:11:11] did uh have the fire commissioner give us the Okay. The site is ready to go. [1:11:17] Barring any tragedies, we're going to be perfect. Uh, no. The weather looks great [1:11:22] and hopefully the fireworks are going to go off about 7:30 because it'll be dark [1:11:25] a little earlier which will be great. So, [1:11:28] » and we did double the amount this year. >> Yeah. [1:11:30] » Big event. 250th anniversary of the country. [1:11:33] » 250 fireworks. >> No, it's 1,400. [1:11:36] » It was 700. >> Actually, this aligns much better for my [1:11:39] bedtime. I have to say [laughter] >> in July. [1:11:44] » So, you put those trucks up. [1:11:47] » So much better for me. >> Yeah. Looking forward to it. It's a [1:11:50] great event. A lot of lot of discussion on social media about it. So, we're [1:11:53] hoping for a big crowd. >> Anything else? [1:11:57] » Nope. >> We've been handing flyers out to all [1:11:59] anybody coming in to pay their taxes. So, [1:12:02] » Oh, thank you. >> Excellent. [1:12:03] » That's awesome. All right. >> I make a motion to go into executive [1:12:09] session to discuss um contractual and legal matter. [1:12:13] » Thank you. >> Second. All [1:12:15] » in favor? I >> Thank you.